Debt From Gambling Drunk
- By Curtis Steuber
- Published 03/6/2008
- Gambling
- Unrated
When you walk into almost any casino
and sit down to play if you are 21 or older you can be served alcohol. A lot of
gamblers may like to have a few beers as they play the game of their choice.
Some gamblers prefer to go out and hit the hottest nightclubs or bars before
sitting down to play. As you take your seat and wait for the cards to come out
or dice to be handed over you may see a small placard on the table. This
placard could have information about the type of game you are playing as well
as the minimum and maximum bets. It is also likely that somewhere on the table
there will be a sign that says you are not permitted to gamble drunk. If you
gamble drunk and lose money is there any potential way to recover your losses?
There is a reason most casinos are
not supposed to permit gamblers to play drunk and that is because most states
will have some regulation preventing it. If a state does not have a statute
prohibiting it then gaming and gambling commissions may
have rules that casinos are
supposed to abide by. It is a legislative attempt to protect you from yourself
along with recognition that they do not want casinos taking advantage of drunken
players.
If a casino knowingly permits a
gambler who is obviously and visibly drunk to play then there may be liability
under a tort theory of negligence if a gambler incurs a loss. When a gambler
plays drunk it would probably be considered proximate cause by a casino as the
reason a player lost. Some states have had cases decided where a gambler was
found to have no duty to protect himself from financial harm if he gambled
drunk.
There is apparently some recourse if
you play drunk and lose because in theory casinos are supposed to prevent this.
Still, the best way to play is with a clear mind. If you decide to gamble under
the influence of anything you may be putting yourself in a bad situation. These
laws have so far only been tested, to my knowledge, in brick and mortar
casinos. If you tried to claim these losses from online play I think it would
be very hard to bring suit since the big online poker rooms are
located outside of the U.S., it would be hard to prove you were drunk, and
there does not appear to be any legislation that places a duty on online poker sites to
prevent gambling drunk.
